2018 · GS Paper 3 · Q19 · 15 marks

Data security has assumed significant importance in the digitized world due to rising cyber crimes. The Justice B. N. Srikrishna Committee Report addresses issues related to data security. What, in your view, are the strengths and weaknesses of the Report relating to protection of personal data in cyber space?

In short

The Srikrishna Report's strengths were fiduciary duties, meaningful consent, graded safeguards and a powerful regulator, but it leaned towards the State through wide security exemptions, data localisation and weak user remedies. It proposed penalties of up to Rs 15 crore or 4% of global turnover.

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
After Justice K.S. Puttaswamy v. Union of India (2017) made privacy a fundamental right, the Justice B.N. Srikrishna Committee submitted its report, "A Free and Fair Digital Economy", with a draft Personal Data Protection Bill in July 2018, seeking a third path between the US and EU models.
Strengths of the Report on Personal Data Protection
•

Fiduciary duty

Users became "data principals" and firms "data fiduciaries" owing a duty of care.

•

Consent and rights

Consent had to be free, informed, specific and withdrawable, with rights to access, correction and portability.

•

Graded safeguards

Health, biometric and financial data got stricter protection, and children's data could not be profiled.

•

Enforcement

An independent Data Protection Authority and penalties up to Rs 15 crore or 4% of global turnover applied to the State and private firms alike.

Weaknesses of the Report on Personal Data Protection
•

State exemptions

Processing for State security needed only a law and a necessity test, with no prior judicial or parliamentary oversight.

•

Localisation costs

A mandatory serving copy in India burdened start-ups and global firms.

•

Weak remedies

There was no right to erasure, and the Authority, not users, received breach notices.

•

RTI dilution

The proposed change to section 8(1)(j) of the RTI Act risked shielding officials.

Way Forward
•

Balanced reform

Pair a surveillance law with judicial authorisation, direct breach notice to users and the DPDP Act 2023's negative-list approach to transfers.

Conclusion
The report built a strong fiduciary foundation but leaned towards the State. Correcting that tilt would keep India's data regime true to Puttaswamy.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Hand-drawn diagram: Srikrishna's Third Path. Srikrishna's Third Path. Venn diagram: Individual autonomy, Legitimate State needs, Digital economy; overlap: Free and fair digital economy
Diagram: Srikrishna's Third Path

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Cyber Security9 questions

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